A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. Most militaries maintain a court-martial system to try cases in which a breach of military discipline may have occurred. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Convention requires that prisoner of wars who are on trial for war crimes can be subject to the same procedures as would be the holding military's own forces. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. …show more content…
The same section also provides the mentioned court the jurisdiction to award for any such offence any punishment authorized by this Act for that offence. S.88(1) also includes the jurisdiction of Martial Court to civil offences committed whether in …show more content…
Besides, Industrial court can hear and make decision in a case even without the submission of the written statement of case or statement in reply, or to hear the case ex-party after notices or summons have been served on parties in a dispute. It also handle proceedings or any part thereof in private and request for assistance from expert to give expert opinion during proceedings and do all such things as are necessary for the expeditious of settlement of a
I. Case Name and Citation: a. U.S. v. Collier i. United States (Appellee) ii. Sgt William H. Collier Jr. (Appellant) b. U.S. v. Collier, 27 M.J. 806 (A.C.M.R. 1988) II. Facts: a. After an argument between Sgt.
Ogden vs. Gibbons was a controversial court case that was debated in 1824 after Aaron Ogden filed a restraint against Thomas Gibbons. Ogden and Gibbons were former business partners in the steamboat industry and for three years they successfully worked together throughout waterways in New York. Unfortunately Gibbons decided to operate another steamboat that came in conflict with Ogden’s steamboat and this is when Ogden filed a restraint against Gibbons. Ogden’s complaint was that he no longer wanted Gibbons to operate steamboats in New York waters. This was an important court case because the court had to figure out who had the power to control navigation in interstate waterways.
The War Powers Resolution of 1973, more commonly known as the War Powers Act, requires that the President of the United States must inform Congress within 48 hours of sending any of the troops into armed action. The Resolution also prohibits any military personnel from being in a state of war for more than sixty days. This also includes an additional thirty days for withdrawing troops from conflict. After this time period has past, the President is urged to seek a further approval from Congress or a formal declaration of war.
Andrew Jackson should not have been court-martialed for seizing control of two Spanish forts. To begin, in 1818 General Andrew Jackson took control of two Spanish forts in Spanish East Florida without permission to do so. Jackson had only been ordered to end Seminole attacks on American land in Florida. Because of this, John Calhoun demanded that Andrew Jackson be court-martialed. President Adams ,however, disagreed.
Stand Your Ground Law The Trayvon Martin case. This automatically should ring a bell in the mind of millions. This case sparked a deep debate about the systematic racism that is embedded within our government, and how legislation that are passed can continue to allow this to happen. Legislation such as the Stand Your Ground law, which is the defense that George Zimmerman used in his prosecution of the murder of young teen Trayvon Martin In the 2013 case of Florida v. Zimmerman ( Kessler) The Stand Your Ground Law is a highly controversial topic.
The Civil War contained massive amounts of deaths and murders. Involving Abe’s assassination, treason, the escape of slaves, and bloody battles. Two regions had war for a reason. The North didn’t want a single race to work for another, the North wanted slavery gone, but the South didn’t. The Civil is a war between two territories or more, the North and South in this case, were the two territories to fight for one goal.
Military judges are more qualified and maintain rights more so than the civilian criminal justice system. There are a few things that can be compared between judges of the civilian criminal justice system and the military criminal justice system. In both the civilian criminal justice system and military criminal justice system judges can be compared and contrasted on how they are appointed, their qualifications, and their functions/control. There are quite a few reasons to why the military criminal justice system and the civilian criminal justice system are distinctive, some of these being jurisdiction and the rights that are upheld within each frame
The Civil War prison camps were very important in the Civil War because they were responsible for claiming thousands of lives from both sides. What were these prison camps used in the Civil War? They were places where each side would keep most of their Prisoners of War, or more commonly known as P.O.W.’s, incarcerated. The camps were usually coastal fortifications, old buildings, existing jails, or barracks enclosed with high fences. Conditions at these camps were very harsh and the mortality rate, or the chance you have of getting out alive, was on average 27%.
Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1.
After finally winning the war, Lincoln 's way of punishing the south was only making them pledge amnesty to the U.S. and not letting higher ranking southerners participate in the government for a selected period of time. The South should not just be welcomed back into the country, they left and the proceeded to kill hundreds of thousands of our men when we tried to bring them back into the country they were born in. They committed treason and now our president just wants to let them off the hook? If they were willing to fight a war over fairness, aka state rights, then we should teat them as any other person who committed treason would be treated because that would be fair, they should understand their
Assignment page Video Where many children all over the world merrily and freely live under the protection of the law, for others, this is a distant reality, they live in a world where they’re battling poverty, stripped of their childhood and basic human rights are expunged, they’re the innocent victims of conflict, and war is made to seem their one and only duty, not to mention that these are children no more than 10 years of age. They are put into a situation where it’s to kill or be killed. The United Nations defines a child soldier as, “Any person under 18 years of age who is part of any kind of regular or irregular armed force or armed group in any capacity.” Since the past 15 years, child soldiers are being used in almost every region of the world. Unlike most children, who go to school, they’re abducted from their families and forced into becoming a child soldier, where living conditions are beyond imaginable.
Military Service: Should It Be Mandatory? Fighting for the homeland means fighting for freedom, but how can men defend their country against enemies if they lack of the ability to fight? Conscription is strategy that utilized by nations to assemble a large and powerful military, prepared to be deployed in times of war or when the need to ensure the power of the state emerges. Mostly, conscription is for male and in some cases and some countries have also for women, and usually begins as soon as the end of the study; at the age, 18 years old. It consists of basic training and serve for two to three years maximum.
The debate as to whether a country should have mandatory military conscription has been discussed and practiced in places all over the globe. For the United States, implementing this would have several benefits from which the country could profit on. With this required aspect, there could be a promotion to the nation’s unity in which people would have a sense of equality to one another. Also, it would ensure all receive basic skills to place themselves further within other job careers. Finally, the mandatory service brings better awareness and participation with the government.
Military leadership is the process of influencing others to accomplish the mission by providing purpose, direction, and motivation. Another significant aspect of emphasized by the army is charisma. Therefore, army strategy to have a great leader is to choose people with high charisma since follower are always drawn to leaders with charisma. By having a high charisma they can command the follower easily. The basic task of a leader are: achieve the mission with zero fatality.
In the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also